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AN ACT
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relating to the creation of the NASA Area Management District; |
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providing authority to impose an assessment, impose a sales and use |
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tax, and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. LEGISLATIVE FINDINGS. (a) The legislature |
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finds that the development or redevelopment in the area in the |
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proposed NASA Area Management District would not occur solely |
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through private investment in the reasonably foreseeable future. |
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(b) The legislature further finds that the conditions in the |
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area of the proposed NASA Area Management District substantially |
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arrest or impair the sound growth of the City of Nassau Bay, are an |
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economic or social liability, and present a menace to the public |
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health, safety, morals, or welfare because of the presence of: |
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(1) a substantial number of substandard, slum, |
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deteriorated, or deteriorating structures; |
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(2) the predominance of defective or inadequate |
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sidewalk or street layout; |
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(3) faulty lot layout in relation to size, adequacy, |
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accessibility, or usefulness; |
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(4) unsanitary or unsafe conditions; |
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(5) the deterioration of improvements; |
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(6) tax or special assessment delinquency exceeding |
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the fair value of the land; |
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(7) defective or unusual conditions of title; and |
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(8) conditions that endanger life or property by fire |
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or other cause. |
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SECTION 2. NASA AREA MANAGEMENT DISTRICT. Subtitle C, |
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Title 4, Special District Local Laws Code, is amended by adding |
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Chapter 3842 to read as follows: |
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CHAPTER 3842. NASA AREA MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3842.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "District" means the NASA Area Management |
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District. |
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Sec. 3842.002. NASA AREA MANAGEMENT DISTRICT. The district |
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is a special district created under Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 3842.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the City of |
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Nassau Bay, Harris County, and other political subdivisions to |
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contract with the district, the legislature has established a |
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program to accomplish the public purposes set out in Section 52-a, |
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Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district territory. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve Harris County or the City of Nassau Bay from |
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providing the level of services provided, as of the effective date |
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of the Act enacting this chapter, to the area in the district. The |
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district is created to supplement and not to supplant the county or |
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city services provided in the area in the district. |
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Sec. 3842.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3842.005. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 3 of the Act enacting |
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this chapter, as that territory may have been modified under: |
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(1) Subchapter J, Chapter 49, Water Code; |
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(2) Section 3842.108; or |
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(3) other law. |
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(b) The boundaries and field notes of the district contained |
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in Section 3 of the Act enacting this chapter form a closure. A |
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mistake in the field notes or in copying the field notes in the |
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legislative process does not in any way affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or a sales |
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and use tax; or |
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(4) legality or operation. |
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Sec. 3842.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible, regardless |
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of other statutory criteria, to be included in: |
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(1) a tax increment reinvestment zone created by the |
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City of Nassau Bay or another governmental entity under Chapter |
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311, Tax Code; |
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(2) a tax abatement reinvestment zone created by the |
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City of Nassau Bay or another governmental entity under Chapter |
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312, Tax Code; or |
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(3) an enterprise zone created by the City of Nassau |
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Bay or another governmental entity under Chapter 2303, Government |
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Code. |
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Sec. 3842.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3842.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3842.009-3842.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3842.051. COMPOSITION; TERMS. (a) The district is |
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governed by a board of seven voting directors who serve staggered |
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terms of four years, with three or four directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The governing body of the City of Nassau Bay may change |
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the number of voting directors on the board. The board may not |
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consist of fewer than five or more than 15 voting directors. |
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Sec. 3842.052. APPOINTMENT OF DIRECTORS. (a) The mayor |
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and members of the governing body of the City of Nassau Bay shall |
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appoint voting directors. A person is appointed if a majority of |
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the members of the governing body, including the mayor, vote to |
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appoint that person. |
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(b) Section 375.063, Local Government Code, does not apply |
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to the district. |
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Sec. 3842.053. NONVOTING DIRECTORS. (a) The following |
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persons serve as nonvoting directors: |
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(1) the presiding officer of the City of Nassau Bay's |
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planning and zoning commission; |
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(2) the City of Nassau Bay's director of public works; |
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and |
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(3) the City of Nassau Bay's chief of police. |
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(b) If a department described by Subsection (a) is |
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consolidated, renamed, or changed, the board may appoint a director |
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of the consolidated, renamed, or changed department as a nonvoting |
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director. If a department described by Subsection (a) is |
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abolished, the board may appoint a representative of another |
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department that performs duties comparable to those performed by |
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the abolished department. |
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(c) The board may appoint other nonvoting directors to serve |
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at the pleasure of the voting directors. |
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Sec. 3842.054. QUORUM. For purposes of determining whether |
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a quorum of the board is present, the following are not counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3842.055. INITIAL VOTING DIRECTORS. (a) The mayor |
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and members of the governing body of the City of Nassau Bay shall |
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appoint the initial seven voting directors by position. |
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(b) Of the initial voting directors, the terms of directors |
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appointed for positions 1 through 4 expire June 1, 2009, and the |
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terms of directors appointed for positions 5 through 7 expire June |
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1, 2011. |
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(c) This section expires September 1, 2012. |
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[Sections 3842.056-3842.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3842.101. ADDITIONAL POWERS OF DISTRICT. The district |
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may exercise the powers given to: |
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(1) a corporation under Section 4B, Development |
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Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil |
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Statutes), including the power to own, operate, acquire, construct, |
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lease, improve, or maintain a project described by that section; |
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and |
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(2) a housing finance corporation under Chapter 394, |
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Local Government Code, to provide housing or residential |
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development projects in the district. |
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Sec. 3842.102. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered for purposes of |
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this chapter to be a local government corporation created under |
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Chapter 431, Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. A director of the corporation is not |
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required to reside in the district. |
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(d) The board of directors of the nonprofit corporation |
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shall serve in the same manner as the board of directors of a local |
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government corporation created under Chapter 431, Transportation |
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Code. |
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Sec. 3842.103. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3842.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. |
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To protect the public interest, the district may contract with a |
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qualified provider, including Harris County or the City of Nassau |
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Bay, to provide law enforcement services in the district for a fee. |
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Sec. 3842.105. APPROVAL BY CITY OF NASSAU BAY. (a) Except |
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as provided by Subsection (c), the district must obtain the |
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approval of the City of Nassau Bay for: |
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(1) the issuance of bonds for an improvement project; |
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(2) the imposition of a sales and use tax; |
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(3) the plans and specifications of an improvement |
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project financed by the bonds; and |
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(4) the plans and specifications of an improvement |
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project related to the use of land owned by the City of Nassau Bay, |
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an easement granted by the City of Nassau Bay, or a right-of-way of |
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a street, road, or highway. |
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(b) The approval obtained under Subsection (a)(1) or (2) |
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must be a resolution or ordinance of the governing body of the City |
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of Nassau Bay. The approval obtained under Subsection (a)(3) or (4) |
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may be by an administrative process that does not involve the city's |
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governing body. |
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(c) If the district obtains the approval of the City of |
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Nassau Bay's governing body of a capital improvements budget for a |
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period not to exceed five years, the district may finance the |
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capital improvements and issue bonds specified in the budget |
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without further approval from the City of Nassau Bay. |
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(d) The City of Nassau Bay and the district may agree on |
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conditions for obtaining the approval of the city under this |
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section, including an agreement for the approval of a sales and use |
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tax that requires the district to abolish or decrease the rate of |
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the tax if the rate, when combined with other local sales and use |
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taxes, results in a combined tax rate that exceeds the maximum rate |
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under Section 321.101(f), Tax Code, at any location in the |
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district. |
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Sec. 3842.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to an organization that: |
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(1) is exempt from the payment of federal income taxes |
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under Section 501(a), Internal Revenue Code of 1986, by being |
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listed as an exempt organization under Section 501(c)(3), (4), or |
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(6), Internal Revenue Code of 1986; and |
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(2) performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3842.107. ECONOMIC DEVELOPMENT PROGRAMS AND OTHER |
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POWERS RELATED TO PLANNING AND DEVELOPMENT. (a) The district may |
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establish and provide for the administration of one or more |
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programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(b) The district has all of the powers of a municipality |
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under Chapter 380, Local Government Code. |
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Sec. 3842.108. ANNEXATION. In addition to the authority to |
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annex territory under Subchapter J, Chapter 49, Water Code, the |
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district may by board resolution annex territory located in the |
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City of Nassau Bay if the city's governing body by ordinance or |
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resolution consents to the annexation. |
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Sec. 3842.109. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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[Sections 3842.110-3842.150 reserved for expansion] |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 3842.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3842.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3842.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by: |
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(1) the owners of a majority of the assessed value of |
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real property in the district subject to assessment according to |
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the most recent certified tax appraisal roll for Harris County; |
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(2) at least 25 persons who own real property in the |
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district, if more than 25 persons own real property in the district |
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according to the most recent certified tax appraisal roll for |
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Harris County; |
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(3) the owners of a majority of the surface area of |
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real property in the district subject to assessment as determined |
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by the board; or |
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(4) the owners of a majority of the number of platted |
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lots of real property subject to assessment as determined by the |
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board. |
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Sec. 3842.154. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified United States mail or an equivalent |
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service that can provide a record of mailing or other delivery. |
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Sec. 3842.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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(a) The board by resolution may impose and collect an assessment |
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for any purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that an ad |
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valorem tax lien against real property is enforced. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3842.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
|
|
(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
|
|
(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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Sec. 3842.157. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue by competitive bid or negotiated sale bonds or |
|
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other obligations payable wholly or partly from taxes, assessments, |
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impact fees, revenue, grants, or other money of the district, or any |
|
|
combination of those sources of money, to pay for any authorized |
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purpose of the district. |
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(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645(a), |
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Water Code, does not apply to the district. |
|
|
Sec. 3842.158. CITY NOT REQUIRED TO PAY DISTRICT |
|
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OBLIGATIONS. Except as provided by Section 375.263, Local |
|
|
Government Code, the City of Nassau Bay is not required to pay a |
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bond, note, or other obligation of the district. |
|
|
Sec. 3842.159. COMPETITIVE BIDDING. Section 375.221, Local |
|
|
Government Code, applies to the district only for a contract that |
|
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has a value greater than $50,000. |
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|
Sec. 3842.160. TAX AND ASSESSMENT ABATEMENTS. The district |
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|
may grant in the manner authorized by Chapter 312, Tax Code, an |
|
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abatement for a tax or assessment owed to the district. |
|
|
Sec. 3842.161. TAX INCREMENT FINANCING POWERS. (a) The |
|
|
district may designate all or any part of the district as a tax |
|
|
increment reinvestment zone, and the district may use tax increment |
|
|
financing under Chapter 311, Tax Code, in the manner provided by |
|
|
that chapter for a municipality, except as modified by this |
|
|
section. |
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|
(b) The district has all powers provided under Chapter 311, |
|
|
Tax Code. |
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|
(c) The district and an overlapping taxing unit may enter |
|
|
into an interlocal agreement for the payment of all or a portion of |
|
|
the tax increment of the unit to the district. |
|
|
(d) For the purpose of tax increment financing under this |
|
|
section, the board functions as the board of directors of the |
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reinvestment zone. Section 311.009, Tax Code, does not apply to the |
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district. |
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|
[Sections 3842.162-3842.200 reserved for expansion] |
|
|
SUBCHAPTER E. SALES AND USE TAX |
|
|
Sec. 3842.201. MEANINGS OF WORDS AND PHRASES. Words and |
|
|
phrases used in this subchapter that are defined by Chapters 151 and |
|
|
321, Tax Code, have the meanings assigned by Chapters 151 and 321, |
|
|
Tax Code. |
|
|
Sec. 3842.202. APPLICABILITY OF CERTAIN TAX CODE |
|
|
PROVISIONS. (a) Except as otherwise provided by this subchapter, |
|
|
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, |
|
|
apply to taxes imposed under this subchapter and to the |
|
|
administration and enforcement of those taxes in the same manner |
|
|
that those laws apply to state taxes. |
|
|
(b) Chapter 321, Tax Code, relating to municipal sales and |
|
|
use taxes applies to the application, collection, change, and |
|
|
administration of a sales and use tax imposed under this subchapter |
|
|
to the extent consistent with this chapter, as if references in |
|
|
Chapter 321, Tax Code, to a municipality referred to the district |
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|
and references to a governing body referred to the board. |
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(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, |
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321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not |
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apply to a tax imposed under this subchapter. |
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Sec. 3842.203. AUTHORIZATION. The district may adopt a |
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sales and use tax for the benefit of the district. The board is not |
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required to call an election to adopt the tax. |
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Sec. 3842.204. ABOLISHING SALES AND USE TAX. (a) Except |
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as provided in Subsection (b), the board, with the consent of the |
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governing body of the City of Nassau Bay, may abolish the sales and |
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use tax without an election. |
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(b) The board may not abolish the sales and use tax if the |
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district has outstanding debt secured by the tax. |
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Sec. 3842.205. SALES AND USE TAX RATE. (a) On adoption of |
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the tax authorized by this subchapter, there is imposed a tax at the |
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rate authorized by the district on the receipts from the sale at |
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retail of taxable items within the district, and an excise tax on |
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the use, storage, or other consumption within the district of |
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taxable items purchased, leased, or rented from a retailer within |
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the district during the period that the tax is in effect. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate authorized by the governing body of the City of |
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Nassau Bay. |
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(c) With the consent of the governing body of the City of |
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Nassau Bay, the board may reduce the tax rate to the extent the |
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reduction does not impair any outstanding debt or other obligations |
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payable from the tax. |
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(d) The rate of the excise tax is the same as the rate of the |
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sales tax portion of the tax and is applied to the sales price of the |
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taxable item. |
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[Sections 3842.206-3842.250 reserved for expansion] |
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SUBCHAPTER F. DISSOLUTION |
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Sec. 3842.251. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
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DEBT. (a) The board may dissolve the district regardless of |
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whether the district has debt. Section 375.264, Local Government |
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Code, does not apply to the district. |
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(b) If the district has debt when it is dissolved, the |
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district shall remain in existence solely for the purpose of |
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discharging its debts. The dissolution is effective when all debts |
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have been discharged. |
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SECTION 3. BOUNDARIES. As of the effective date of this |
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Act, the NASA Area Management District includes all territory |
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contained in the following described area: |
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BEGINNING AT A POINT located at the intersection of the south |
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right-of-way line of NASA Parkway and the city limit of the City of |
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Nassau Bay, located in the City of Nassau Bay, Harris County, Texas; |
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THENCE, in a southeasterly direction approximately 3400 feet |
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|
following the city limit line between the City of Nassau Bay and the |
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|
City of Webster to the southwest corner of the Nassau Bay Homeowners |
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|
Association marina and yacht club property; |
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|
THENCE, in a northeasterly direction approximately 365 feet |
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|
following the southern property line of the Nassau Bay Homeowners |
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Association marina and yacht club to the eastern property line; |
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|
THENCE, in a northwesterly direction approximately 590 feet |
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following the eastern property line of the Nassau Bay Homeowners |
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Association marina and yacht club to the northern property line; |
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THENCE, in a westerly direction approximately 160 feet following |
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the northern property line of the Nassau Bay Homeowners Association |
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|
marina and yacht club to the western property line; |
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|
THENCE, in a generally southwesterly direction approximately 420 |
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|
feet following the western property line of the Nassau Bay |
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|
Homeowners Association marina and yacht club to the city limit line |
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|
of the City of Nassau Bay; |
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THENCE, in a northwesterly direction for approximately 1550 feet to |
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the northwest corner of the Saxony Place Townhomes; |
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|
THENCE, in a northeasterly direction approximately 460 feet |
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|
following the northern property lines of the Saxony Place Townhomes |
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to the eastern right-of-way line of Nassau Bay Drive; |
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THENCE, in a northerly direction approximately 25 feet following |
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|
the eastern right-of-way line of Nassau Bay Drive to the southwest |
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|
corner of the Nassau Bay Baptist Church property; |
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THENCE, in an easterly direction approximately 410 feet following |
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|
the southern property line of the Nassau Bay Baptist Church to the |
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|
southeast corner of the property; |
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THENCE, in a northwesterly direction 500 feet along the eastern |
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|
property line of the Nassau Bay Baptist Church to the northwest |
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corner of Nassau Bay Section One; |
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THENCE, in a northeasterly direction approximately 765 feet |
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|
following the northern subdivision line of Nassau Bay Section One |
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to a point; |
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THENCE, in a southeasterly direction approximately 207 feet |
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|
following the subdivision line of Nassau Bay Section One to a point; |
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|
THENCE, in a northeasterly direction approximately 440 feet |
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|
following the subdivision line of Nassau Bay Section One to a point; |
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|
THENCE, in a northwesterly direction approximately 105 feet |
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|
following the subdivision line of Nassau Bay Section One to a point; |
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|
THENCE in a northeasterly direction approximately 440 feet |
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|
following the subdivision line of Nassau Bay Section One to the |
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western right-of-way of Point Lookout Drive; |
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|
THENCE, in a southeasterly direction approximately 1100 feet |
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|
following the western right-of-way of Point Lookout Drive to a |
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|
point; |
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THENCE, in a northeasterly direction approximately 60 feet to the |
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southwest corner of the St. Paul Catholic Church property; |
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|
THENCE, in a northeasterly direction approximately 385 feet |
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|
following the southern property line of the St. Paul Catholic |
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Church; |
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|
THENCE, in a northwesterly direction approximately 700 feet |
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|
following the eastern property line of the St. Paul Catholic |
|
|
Church; |
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|
THENCE, in a southwesterly direction approximately 340 feet |
|
|
following the northern property line of the St. Paul Catholic |
|
|
Church to the eastern right-of-way of Point Lookout Drive; |
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|
THENCE, in a northwesterly direction approximately 335 feet to a |
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|
point; |
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THENCE, in a northeasterly direction approximately 985 feet |
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|
following the northern property lines of the Queens Court Townhomes |
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|
to the northeast corner of that subdivision; |
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|
THENCE, in a southeasterly direction approximately 320 feet |
|
|
following the western property line of the Queens Court Townhomes |
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|
to the southeast corner of that subdivision; |
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|
THENCE, in a southwesterly direction approximately 350 feet |
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|
following the southern property line of the Queens Court Townhomes |
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|
to a point; |
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|
THENCE, in a southeasterly direction approximately 10 feet |
|
|
following the property line of the Queens Court Townhomes to a |
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|
point; |
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|
THENCE, in a southwesterly direction approximately 165 feet |
|
|
following the southern property line of the Queens Court Townhomes |
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|
to the western right-of-way line of Vinland Drive; |
|
|
THENCE, in a southeasterly direction approximately 690 feet |
|
|
following the east right-of-way line of Vinland Drive to the |
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|
southern right-of-way line of San Sebastian Lane; |
|
|
THENCE, in a northeasterly direction approximately 330 feet |
|
|
following the southern right-of-way line of San Sebastian Lane to |
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|
the western right-of-way line of Vinland Drive; |
|
|
THENCE, in a southeasterly direction approximately 940 feet |
|
|
following the western right-of-way line of Vinland Drive to the |
|
|
southern right-of-way line of Martinique Drive; |
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|
THENCE, in a northeasterly direction approximately 500 feet along |
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|
the southern right-of-way line of Martinique Drive to the western |
|
|
right-of-way line of Upper Bay Drive; |
|
|
THENCE, in a southerly direction approximately 760 feet along the |
|
|
western right-of-way line of Upper Bay Road to the northern |
|
|
right-of-way line of Prince William Lane; |
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|
THENCE, in an easterly direction approximately 70 feet to the |
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|
easterly right-of-way line of Upper Bay Road; |
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|
THENCE, in a generally southerly and easterly direction |
|
|
approximately 3350 feet following the property lines along the |
|
|
western and southern shore of Nassau Bay to the City of Nassau Bay |
|
|
property generally known as "the peninsula"; |
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|
THENCE, in a southerly direction approximately 440 feet to the city |
|
|
limit line of the City of Nassau Bay in the Clear Creek channel; |
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|
THENCE, in a northeasterly direction approximately 5300 feet |
|
|
following the Clear Creek channel along the city limit line of the |
|
|
City of Nassau Bay to a point in Clear Lake; |
|
|
THENCE, in northwesterly direction approximately 2000 feet to the |
|
|
southwestern corner of the Swan Lagoon subdivision along the |
|
|
northern shoreline of Clear Lake; |
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|
THENCE, in a northwesterly direction approximately 230 feet along |
|
|
the western boundary of the Swan Lagoon subdivision to the southern |
|
|
right-of-way line of Surf Court; |
|
|
THENCE, in a northwesterly direction approximately 1115 feet |
|
|
following the southern and then eastern boundary line of Surf Court |
|
|
to the northern property line of the Clippers Square subdivision; |
|
|
THENCE in a northeasterly direction approximately 750 feet |
|
|
following the northern property line of the Clipper's Square |
|
|
subdivision to the eastern right-of-way line of Lagoon Drive; |
|
|
THENCE, in a northerly direction approximately 485 feet along the |
|
|
eastern right-of-way line of Lagoon Drive to the south right-of-way |
|
|
line of NASA Parkway; |
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|
THENCE, in a northeasterly direction approximately 2230 feet |
|
|
following the southern right-of-way line of NASA Parkway to the |
|
|
western right-of-way line of Lakeside Lane; |
|
|
THENCE, in a southeasterly direction approximately 400 feet along |
|
|
the western right-of-way line of Lakeside Lane to a point; |
|
|
THENCE, in a northeasterly direction approximately 405 feet along |
|
|
the southern property line of the Hilton Hotel to the eastern |
|
|
property boundary; |
|
|
THENCE, in a generally northeasterly direction approximately 1150 |
|
|
feet following the property lines along the western shoreline of |
|
|
Clear Lake to the city limits of the City of Nassau Bay; |
|
|
THENCE, in a northwesterly direction approximately 330 feet |
|
|
following the city limit line of the City of Nassau Bay to the |
|
|
northern right-of-way line of NASA Parkway; |
|
|
THENCE in a southwesterly direction approximately 9500 feet |
|
|
following the northern right-of-way line of NASA Parkway to the |
|
|
city limits of the City of Webster; |
|
|
THENCE, in a southeasterly direction approximately 180 feet |
|
|
following the city limits of the City of Webster to the southern |
|
|
right-of-way line of NASA Parkway; |
|
|
THENCE in a southwesterly direction approximately 750 feet |
|
|
following the southern right-of-way line of NASA Parkway to the |
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|
POINT OF BEGINNING. |
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|
SECTION 4. ADDITIONAL LEGISLATIVE FINDINGS. The |
|
|
legislature finds that: |
|
|
(1) proper and legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished by |
|
|
the constitution and laws of this state, including the governor, |
|
|
who has submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality; |
|
|
(2) the Texas Commission on Environmental Quality has |
|
|
filed its recommendations relating to this Act with the governor, |
|
|
lieutenant governor, and speaker of the house of representatives |
|
|
within the required time; |
|
|
(3) the general law relating to consent by political |
|
|
subdivisions to the creation of districts with conservation, |
|
|
reclamation, and road powers and the inclusion of land in those |
|
|
districts has been complied with; and |
|
|
(4) all requirements of the constitution and laws of |
|
|
this state and the rules and procedures of the legislature with |
|
|
respect to the notice, introduction, and passage of this Act have |
|
|
been fulfilled and accomplished. |
|
|
SECTION 5. EFFECTIVE DATE. This Act takes effect |
|
|
immediately if it receives a vote of two-thirds of all the members |
|
|
elected to each house, as provided by Section 39, Article III, Texas |
|
|
Constitution. If this Act does not receive the vote necessary for |
|
|
immediate effect, this Act takes effect September 1, 2007. |
|
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| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1999 passed the Senate on |
|
|
May 8, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1999 passed the House on |
|
|
May 17, 2007, by the following vote: Yeas 143, Nays 0, two |
|
|
present not voting. |
|
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| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
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| |
|
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Approved: |
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|
______________________________ |
|
|
Date |
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______________________________ |
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Governor |